This blog presents news items and resources relating to trial advocacy and the legal system, with a focus on Washington State. It was developed to support the Trial Advocacy Program at the University of Washington School of Law, but now has a broader coverage and a wider audience. In addition to information about trials and trial practice, you'll find notes about appellate practice, the courts, access to justice, and related topics.

Saturday, January 16, 2010

RCW 10.58.090, added in 2008, allows trial courts to admit evidence of prior sexual misconduct in sex offense cases, even if it would be excluded under ER 404(b). The evidence must still be admissible under ER 403.

Last month, Division I upheld the statute's constitutionality over a variety of objections by a man convicted of molesting his granddaughter after a trial that included the testimony of several other relatives he had molested when they were girls. State v. Scherner, No. 62507-1-I, Findlaw (Dec. 21, 2009).

The bulk of the opinion discusses the constitutional challenges to the statute. An unpublished part, at the end, deals with a few other claims, including whether the jury was tainted by seeing a Seattle Times article, Rape trial lets family share decades of pain, secrets, Seattle Times, Aug. 19, 2008 (four jurors saw the headline and picture; none said they read it).